Diezani fights back, moves to recover seized assets
Story from Saleh INUWA, Kano
Former Minister of Petroleum Resources, Diezani Alison-Madueke, on Monday, January 30, 2023, asked a Federal High Court in Abuja to vacate an order granted to the Economic and Financial Crimes Commission (EFCC) for final forfeiture of her seized assets.
However, the former minister, in an originating motion, sought an order extending the time within which to seek leave to apply for an order to set aside the EFCC’s public notice issued to conduct a public sale on her properties.
The EFCC Chairman, Abdulrasheed Bawa, who is also the head of the commission’s investigative team set up to probe the broad corruption cases involving the former minister, in 2021, said that the anti-graft agency recovered $153 million and over 80 properties from the former minister.
Bawa added that the 80 properties recovered from Alison-Madueke were worth about $80 million.
The anti-graft agency had planned to conduct a public sale of all assets seized from Alison-Madueke beginning from January 9, 2023, as contained in its public notice following various court judgments/orders issued in favour of the commission as final forfeiture orders against the properties of the former minister.
However, in the motion marked: FHC/ABJ/CS/21/2023 dated and filed January 6 by her lawyer, Chief Mike Ozekhome (SAN), before Justice Inyang Ekwo, the ex-minister sought five orders from the court.
While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.
The former minister noted that she was not given a fair hearing in all the proceedings leading to the orders.
Ozekhome noted that, “The various court orders issued in favour of the respondent and upon which the respondent issued the public notice to conduct a public sale of items contained in the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by section 36 (1) of the 1999 constitution, as altered, and other similar constitutional provisions.”
Ozekhome argued that the former minister was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons in respect of the criminal charges pending against her before the court.
He further argued that the courts were misled into making several of the final forfeiture orders against her assets through suppression or non-disclosure of material facts.
Ozekhome further noted that, “The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set aside same ex debito justitiae, as a void order.
“The orders were made without recourse to the constitutional right to a fair hearing and right to property accorded the applicant by the constitution.
“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” he added.
However, the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Alison-Madueke’s application.
Zaki, who was a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said that the investigation had clearly shown that she was involved in some acts of criminality, according to NAN News.
The EFCC official, who said that he had seen the ex-ministers motion, said most of the depositions were untrue.
Zaki noted that contrary to her deposition in the affidavit, most of the cases which led to the final forfeiture of the contested properties “were action in rem, same were heard at various times and determined by this honourable court.”
He said that the courts differently ordered the commission to do a newspaper publication inviting parties to show the reasons why the properties should not be forfeited to the federal government before final orders were made.
Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications.
“We humbly rely on the judgment of Hon. Justice I. Oweibo dated 10th September 2019, shown in Exhibit C of the applicant’s affidavit,” he said.
The EFCC official added that contrary to Alison-Madueke, the final forfeiture of the assets which were the subject of the present application was ordered by the court in 2017, adding that this was not set aside or upturned on appeal.
According to Zaki, the properties have been disposed of through the due process of law.
Upon mentioning the matter on Monday, Alison-Madueke’s counsel, Oluchi Uche, told Justice Ekwo that they were just served by the EFCC on Friday, January 27, and they would need time to respond to the counter affidavit.
Farouk Abdullahi, who appeared for the anti-graft agency, did not oppose.
Consequently, the judge adjourned the matter until May 8, 2023, for a hearing.
